This document provides an introduction to tort law, including definitions of tort, the essential elements of a tort, categories of torts, and principles regarding damages in tort cases. It defines tort as a civil wrong and outlines intentional and negligent torts. The essential elements of a tort are a wrongful act, causing legal damage to another person, and providing a legal remedy. Principles of tort damages discussed include injuria sine damno (injury without damage), damnum sine injuria (damage without injury), and ubi jus ibi remedium (where there is a right, there is a remedy). Contact information is provided for the author to obtain further materials.

3. Prepared by:
Abdur Rahman Khan
Department of Law
Bangladesh University of Professionals (BUP)

4. JGGGHGH
Lecture- 01
Introduction to Tort Law

5. Overall brief regarding tort
❑ https://study.com/academy/lesson/what-is-tort-law-definition-and-
examples.html
❑ “Tort is a civil wrong…” - Salmond
❑ “Tortious liability arises from the breach of duty primarily fixed by law”
- Winfield
❑ “Tort is a civil wrong which is not exclusively a breach of contract or
breach of trust.” - Limitations Act, 1963

6. Essentials of tort
✓wrongful act.
✓Causing legal damage to another person.
✓Rising to a legal remedy.
Aims of Law of Torts
❖To determine the rights between parties to dispute
❖To protect certain rights recognized by law
❖To prevent the continuation or repetition of a harm
❖To restore the property to its rightful owner

7. Categories of Tort
❑ Intentional Torts
❑ Negligent Torts: Negligence is a failure to exercise without due care.
Wrongs may be 2 types:
1. Public: tried in criminal courts, punishable under criminal law, called
crimes.
2. Private: against an individual, tried in civil courts, called torts.

8. Principles of torts regarding damages
❑Injuria sine damno
✓ Injury without damage
✓ violating of a legal right without causing any harm to the plaintiff.
✓ Plaintiff will be compensated if his legal rights are violated even though
there is no actual loss or damage is suffered
✓ Ashby vs White (1703) 92 ER 126
✓ Plaintiff was confined by returning officer. For this, plaintiff was not able to
cast his vote. Though the party won the election but there was
violation of the legal right of the person, so here compensation was granted.

9. Damnum sine injuria
❑Damage without injury
❑refers to injury suffered by the plaintiff where no violation of legal
right of a person.
❑plaintiff can’t bring an action against the defendant
❑ Not actionable in law
❑Gloucester Grammar School Case, 1410 Y.B. Hill 11 Hen, 4 of 47,
p. 21, 36.
❑ The defendant intentionally opened the school in front of the plaintiff’s
school, causing damage to him. For the competition, the plaintiff must be
compelled to reduce their fees. Though the plaintiff had suffered harm but
no legal right was violated there. So, no compensation was claimed.

10. Ubi jus ibi Remedium
✓ Remedy
✓ Maxim of equity jurisprudence that there is no wrong without a remedy.
✓ A tort is a civil injury but all civil injuries are not torts.
✓ The wrongful act must claim remedy as a civil action for damages.
Case Law:
In the case of Abbot v. Sullivan, the court held that there is a right to receive
a time-barred debt but there is no remedy to recover it.

11. Question Answer Session

12. To get full sheets, pdf or hard copy
or learn to me:
Name: Abdur Rahman Khan
LL.B (Hons) (4th year), BUP
Email: abdurrahmankhanneerab@gmail.com
Phone: 01782 760964/01798 438184
Address: Mirpur- 02, Dhaka - 1216